- 1 - NC: 2025:KHC:10996 WP No. 13160 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13160 OF 2024 (LR) BETWEEN: 1. NAGAPPA AGED ABOUT 71 YEAWRS S/O LATE BEERAPPA DODDANALLA VILLAGE JADIGENAHALLI HOBLI, HOSAKOTE TALUK 562114 BENGALURU RURAL DISTRICT ALSO R/AT BANDAHALLI VILLAGE B N PURA POST, NANDAGUDI HOBLI, HOSAKOTE TLAUK 562122 BENGALURU RURAL DISTRICT …PETITIONER (BY SMT. JYOTHI.S.KEMPAGOUDAR., ADVOCATE FOR SRI. G S PRASANNA KUMAR., ADVOCATE) AND: 1. THE ASST. COMMISSIONER DODDABALLAPURA SUB DIVISION PODIUM BLOCK, VV TOWER BENGALURU 560 001 2. TAHASILDAR., HOSAKOTE, BENGALURU RURAL DISTRICT-562114. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10996 WP No. 13160 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED. 08.05.2006 PASSED BY THE RESPONENT IN LRF.137/2000-01 (ANNEXURE-A), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is aggrieved by the order of vesting passed by the Assistant Commissioner under Section 83 of the Land Reforms Act ("the Act", for short) which has been confirmed in appeal by the Karnataka Appellate Tribunal though not on merits, but by passing an order dismissing the appeal for non-prosecution. A Miscellaneous Petition filed for restoration was also dismissed by the Tribunal for non-prosecution. As a consequence, the petitioner is before this Court. - 3 - NC: 2025:KHC:10996 WP No. 13160 of 2024 3. The impugned order passed by the Assistant Commissioner indicates that though the petitioner had not entered appearance and filed objections, the Assistant Commissioner has proceeded to pass the impugned order solely on the ground that no documents were furnished to establish that the petitioner was entitled to acquire and hold the agricultural land. 4. As noticed above, the appeal filed against the order of the Assistant Commissioner was dismissed for non-prosecution and the Miscellaneous Petition filed for restoration was also dismissed for non- prosecution. 5. In the normal course the matter would have to be remanded to the Assistant Commissioner. However, since Sections 79A & B of the Act were omitted by virtue of an amendment to the Land Reforms Act, no useful purpose would be served by remanding the - 4 - NC: 2025:KHC:10996 WP No. 13160 of 2024 matter to the Assistant Commissioner and hence, the impugned proceedings initiated shall stand abated. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 8